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Section 3 Disqualification for membership of Assembly.

United Kingdom

(1)

Subject to the provisions of this section, F1a person is disqualified for membership of the Assembly if he is disqualified for membership of the Commons House of the Parliament of the United Kingdom otherwise than by the House of Commons Disqualification Act F2M11975.

F3(1A)

A person who is determined by the High Court to have acted in breach of the terms of a declaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989 is disqualified for membership of the Assembly during the period of five years beginning with the date of the determination.

(2)

A person shall not be disqualified from being a member of the Assembly by reason only that he is peer, whether of the United Kingdom, Great Britain, England, Scotland or Ireland.

C1(3)

The Secretary of State shall have power by order to make provision—

(a)

for the consequences of a disqualification imposed F4by this section, or by the M2Northern Ireland Assembly Disqualification Act 1975, and

(b)

for the circumstances in which such a disqualification may be disregarded, and

(c)

for conferring jurisdiction to decide whether a disqualification has been imposed by this section, or by that Act.

(4)

An order made under subsection (3) above—

(a)

may include any supplemental or incidental provisions,

(b)

may apply, with any modifications or exceptions specified in the order, any of the provisions of section 6 or section 7 of the House of Commons Disqualification Act 1975,

(c)

shall be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1

Words substituted by Northern Ireland Constitution Act 1973 (c. 36), s. 30(3)

F2

Word substituted by Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 2 para. I

F3

S. 3(1A) inserted (prosp.) by Elected Authorities (Northern Ireland) Act 1989 (c. 3, SIF 42), ss. 8(2), 13(2)(6)

F4

Words substituted by Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 2 para. 2

Marginal citations

M1

1975 c. 25.

M2

1975 c. 25.

Modifications

C1

S. 3(3) amended by Northern Ireland Constitution Act 1973 (c. 36), s. 30(3)

S. 3(1) restricted (2.12.1999) by 1998 c. 47, s. 36(2),(with s. 95); S.I. 1999/3209, art. 2, Sch.

Notes on the whole Act

Textual amendments

F1

Act repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 15 (with s. 95); S.I. 1999/3209, art. 2, Sch.